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(영문) 수원지방법원성남지원 2019.02.12 2018가단219665
용역비
Text

1. The Defendant shall pay to the Plaintiff KRW 62,732,50 and the interest rate of KRW 15% per annum from April 20, 2018 to the day of complete payment.

Reasons

1. The following facts may be found either as a dispute between the parties or as a whole by integrating the purport of the entire pleadings in the entry of evidence A No. 1.

On February 11, 2016, the Plaintiff entered into a business agency contract with the Defendant on behalf of the Chinese importer (hereinafter “instant agency contract”) with the content that the business of the Defendant’s “portable hydrogen producer” (hereinafter “instant product”). The main content is as follows.

(A) Under the contract, the Defendant’s status of Article 2 Section B is “A” and “B”. The status of Article 2 Section B is to enter into a contract between the customer company and “A” through business activities and to enable the customer to pay the price.

For this, Eul shall be paid from Gap a sales agency fee specified in this Agreement.

Article 3 (1) The scope of entrusted duties shall be as follows:

1. Introduction and business activities of products to potential Chinese customers;

2. Activities and affairs related to the conclusion of a contract, acceptance of orders, payment, delivery and post management;

(3) A customer shall be responsible for all services for responding to customer complaints (A/S), inland transportation, customs support, and other necessary services and activities in China.

Article 6 (Business Agency Fees) (1) In cases where Party A supplies products to a customer through business activities of Party B, Party A shall pay Party B a business agency fee.

5. The terms and conditions of the settlement with Gap and customers are, in principle, prepaid, and if any balance is settled and shipped (including a divided shipment), Eul shall arrange and send the details of the commission to Eul, and Eul shall pay the fee to Eul within seven days after Gap receives the details. If the terms and conditions of the settlement with Gap and customers are not prepaid, the timing of the payment of the fee shall be separately consulted.

(b) thereafter;

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